Introduction

In a move reminiscent of the Chief of Defence Staff and the National Security Advisor roles, the Indian government is contemplating the establishment of a new position called the Chief Investigation Officer (CIO). This role is intended to oversee and coordinate the activities of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), mirroring the structure where the three armed services report to the Chief of Defence Staff, and the two intelligence agencies report to the National Security Advisor.

Government sources reveal that this step is being taken to address perceived overlaps in the investigative domains of the CBI and the ED. While the ED primarily focuses on financial improprieties, including money laundering cases and violations of the Foreign Exchange Management Act (FEMA), the CBI’s purview extends to corruption cases and various other economic offenses. Establishing a CIO to lead both agencies is aimed at fostering greater synergy between them.

The proposed CIO position is expected to hold the rank of Secretary to the Government of India. Notably, there is speculation that the outgoing Chief of the Enforcement Directorate, Sanjay Mishra, could be tapped as the inaugural CIO. Mishra recently received clearance from the Supreme Court to continue in his role until September 15. It’s important to highlight that the Supreme Court had declared as unlawful the two consecutive one-year extensions granted to Mishra by the Union government following his official retirement.

Extension Granted to ED Chief Amid Broader National Interests

In an interesting turn of events, the Supreme Court has extended the tenure of the Enforcement Directorate (ED) chief, Sanjay Mishra, until September 15. This decision was reached in consideration of “larger public and national interest,” responding to the central government’s request due to the ongoing review by the Financial Action Task Force. This review has been initiated with the involvement of neighboring countries that are advocating for India’s inclusion in the “grey list.”

The Supreme Court’s verdict was delivered while hearing a petition challenging the government’s move to grant a third one-year extension to the ED chief’s tenure. Notably, this development could set the stage for the potential creation of the Chief Investigation Officer (CIO) position before Mishra’s departure on September 15.

According to insiders, the envisioned role of CIO may come into existence prior to Mishra’s official exit. These sources suggest that while the ED will continue to operate under the Department of Revenue within the Union Ministry of Finance, and the Central Bureau of Investigation (CBI) will remain under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, a significant shift in operational supervision is on the horizon.

This responsibility is anticipated to transition to the CIO, who is likely to hold a reporting line to the Prime Minister’s Office. This strategic reshaping aims to foster greater collaboration and more cohesive coordination between the ED and the CBI, optimizing their efforts under the broader umbrella of national priorities and interests.

Conclusion

The prospective creation of the Chief Investigation Officer (CIO) role underscores the government’s efforts to streamline and enhance collaboration between key investigative agencies. This proposed step aims to bring a more cohesive and coordinated approach to investigations involving both financial irregularities and various forms of economic misconduct.